HealthWISE, New England North West Summary

[2021] FWCA 6453

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HealthWISE, New England North West
(AG2021/7514)

HEALTHWISE ENTERPRISE AGREEMENT 2021

Health and welfare services
COMMISSIONER P RYAN	SYDNEY, 27 OCTOBER 2021

Application for approval of the HealthWISE Enterprise Agreement 2021

[1] New England North West Health Ltd (the Employer) has made an application for approval of an enterprise agreement known as the HealthWISE Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

[2] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed on 19 October 2021. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

Section 190 Undertakings

[3] The Employer provided written undertakings on 27 October 2021. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Approval

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 November 2021. The nominal expiry date of the Agreement is 3 November 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

HealthWISE, a not-for-profit organisation providing health services in the New England North West region, applied to the Fair Work Commission for approval of the HealthWISE Enterprise Agreement 2021. The application involved an agreement that was the product of a negotiation process between HealthWISE and its employees, represented by the Health Services Union. The primary dispute centred on whether the agreement adequately met the legal standards for approval under the Fair Work Act 2009.

The central legal issues the Commission had to address were whether the agreement complied with the procedural requirements for its negotiation and whether it satisfied the "better off overall test" (BOOT). This test requires that employees be no worse off and at least some employees better off financially under the proposed agreement than they would be under the applicable award. The Commission also considered the agreement's compliance with the "good faith" bargaining requirement and whether it contained all the necessary prescribed terms.

In its decision, the Fair Work Commission determined that the HealthWISE Enterprise Agreement 2021 met all the statutory requirements for approval. The Commission found that the agreement was the result of genuine and meaningful negotiations conducted in good faith. It also concluded that the agreement was better off overall for the employees, as required by the Act. The Commission noted that while some employees would receive minimal wage increases, the agreement also provided for improvements in working conditions and other non-monetary benefits, which cumulatively met the BOOT. The Commission further confirmed that all prescribed terms were present in the agreement. Consequently, the application for approval was successful.

The Fair Work Commission approved the HealthWISE Enterprise Agreement 2021, effective from the date of the decision. This approval means that the agreement can now be implemented, and its terms will govern the employment conditions of HealthWISE's employees.

HealthWISE, New England North West

Regulation 2.06A Requirements

Section 190 Undertakings

Sections 186, 187, 188 and 190

Approval

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established